Summoning to a conciliatory attempt to interrupt the limitation period


Conducting pre-trial debt collection in a situation of impending limitation of receivables is risky, a minor error may lead to the debtor's plea dismissing the future claim. You should protect yourself against this.

At this point, I don't want a trial. How to prevent the statute of limitations?

In commercial relations, when negotiating with a contractor on an amicable debt repayment, people conducting business try to avoid a long court course - a dispute that may lead to the breakdown of cooperation in subsequent joint agreements or projects. However, with the passage of time and negotiations, debts can quickly become time-barred. In such a situation, the limitation period may be interrupted.

Pursuant to Art. 123 § 1, the limitation period is interrupted:

  1. by any action before a court or other body appointed to hear cases or enforce claims of a given type or before an arbitration court, undertaken directly to investigate or establish, or satisfy or secure a claim (e.g. a lawsuit),
  2. by recognition of the claim by the person against whom the claim is entitled,
  3. by initiating mediation.

What action before the court will interrupt the limitation period?

As mentioned above, a lawsuit may damage commercial relations, and sometimes it is a significant financial burden for the creditor (court fees, costs of legal representation), and also gives rise to obligations to collect evidence, etc. art. 184 - 186 of the Code of Civil Procedure.

Conciliation is carried out by the district court, regardless of which court would be competent to hear the case on the merits. Pursuant to Art. 23 (3) of the Act on court costs in civil cases, a fixed fee of PLN 40 is collected from an application for conciliation. A summons to a settlement is a pleading in which you should define your claims as precisely as possible due to the effect of interrupting the limitation period against them. A summons to a conciliation trial does not require the submission of detailed evidence, which is an important advantage of conciliation, as it can also be initiated when, for some reason, the creditor does not yet have all the necessary evidence to bring a claim. It should be remembered that as part of conciliation proceedings it is possible to conclude a court settlement which may, after the issuance of an enforcement clause, constitute the basis for enforcement. As a rule, such a settlement already eliminates the need for a court dispute concerning the same claim between the same parties.

Is it possible to settle it in court?

In practice, a summons to a conciliatory attempt ends (contrary to the legislator's assumptions) with a settlement. Most often, the parties do not appear at a meeting that is only one, or declare that they do not want to reach a settlement. The most important practical effect of a summons is the interruption of the limitation period. It does not matter whether the opponent reacts in any way to the summons to a conciliatory attempt - even if he does not appear in court, the limitation period is interrupted.